Editorial Note on Part 574
Editorial Note: An interpretation of manufacturer's designee issued by NHTSA and published at 36 FR 9780, May 28, 1971, provides as follows: “A request for an interpretation has been received from the Rubber Manufacturers Association asking that it be made clear that, under the Tire Identification and Recordkeeping Regulation (part 574), particularly §§ 574.7 and 574.8, only the tire manufacturer, brand name owner, or retreader may designate a third party to provide the necessary recording forms or to maintain the records required by the regulation. “Another person has requested an interpretation concerning the questions whether: (1) A tire manufacturer, brand name owner or retreader may designate one or more persons to be its designee for the purpose of maintaining the information, (2) an independent distributor or dealer may select a designee for the retention of the manufacturer's records, provided the manufacturer approves the designation, and (3) the independent distributor or dealer may seek administrative relief in the event he believes the information retained by the manufacturer is being used to his detriment. “Under section 113(f) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1402(f) and part 574, it is the tire manufacturer who has the ultimate responsibility for maintaining the records of first purchasers. Therefore, it is the tire manufacturer or his designee who must maintain these records. The term *designee,* as used in the regulation, was not intended to preclude multiple designees; if the tire manufacturer desires, he may designate more than one person to maintain the required information. Furthermore, neither the Act nor the regulation prohibits the distributor or dealer from being the manufacturer's designee nor do they prohibit a distributor or dealer from selecting someone to be the manufacturer's designee provided the manufacturer approves of the selection. “With respect to the possibility of manufacturers using the maintained information to the detriment of a distributor or dealer, the NHTSA will of course investigate claims by distributors or dealers of alleged misconduct and, if the maintained information is being misused, take appropriate action. “Issued under the authority of sections 103, 113, and 119 of the National Traffic and Motor Vehicle Safety Act, 15 U.S.C. 1392, 1402, and 1407, and the delegation of authority at 49 CFR 1.51.”

§ 574.7 Information requirements—new tire manufacturers, new tire brand name owners. ( a ) ( 1 ) Each new tire manufacturer and each new tire brand name owner (hereinafter referred to in this section and § 574.8 as “tire manufacturer”) or its designee, shall provide tire registration forms to every distributor and dealer of its tires which offers new tires for sale or lease to tire purchasers. ( 2 ) Each tire registration form provided to independent distributors and dealers pursuant to paragraph (a)(1) of this section shall contain space for recording the information specified in paragraphs (a)(4)(i) through (a)(4)(iii) of this section. Each form shall: ( i ) Have the following physical characteristics: ( A ) Be rectangular; ( B ) Be not less than 31 ⁄ 2 inches high, 5 inches long, and 0.007 inches thick; ( C ) Be not more than 41 ⁄ 4 inches high, 6 inches long, and 0.016 inch thick. ( ii ) On the address side of the form, be addressed with the name and address of the manufacturer or its designee, and include, in the upper right hand corner, the statement “Affix a postcard stamp.” ( iii ) On the other side of the form: ( A ) Include the tire manufacturer's name, unless it appears on the address side of the form; ( B ) Include a statement explaining the purpose of the form and how a consumer may register tires. The statement shall: ( 1 ) Include the heading “IMPORTANT”. ( 2 ) Include the sentence: “In case of a recall, we can reach you only if we have your name and address.” ( 3 ) Indicate that sending in the card will add a person to the manufacturer's recall list. ( 4 ) A tire manufacturer may voluntarily provide means for tire registration via the Internet, by telephone or other electronic means. If a tire manufacturer voluntarily provides a Web site or other means by which its tires can be registered, it may (but is not required to) include a sentence listing one or more such means, beginning with the phrase “Instead of mailing this form, you can * * *.” Example: Instead of mailing this form, you can register online at [insert tire manufacturer's registration Web site address]. ( 5 ) Include the sentence: “Do it today.” ( C ) Include space for recording tire identification numbers for six tires. ( D ) Use shading to distinguish between areas of the form to be filled in by sellers and customers. ( 1 ) Include the statement: “Shaded areas must be filled in by seller.” ( 2 ) The areas of the form for recording tire identification numbers and information about the seller of the tires must be shaded. ( 3 ) The area of the form for recording the customer name and address must not be shaded. ( E ) Include, in the top right corner, the phrase “OMB Control No. 2127-0050”. (3) Each tire registration form provided to distributors and dealers that are not independent distributors or dealers pursuant to paragraph (a)(1) of this section must contain space for recording the information specified in paragraphs (a)(4)(i) through (a)(4)(iii) of this section. Each form must include: ( A ) A statement indicating where the form should be returned, including the name and mailing address of the manufacturer or its designee. ( B ) The tire manufacturers' logo or other identification, if the manufacturer is not identified as part of the statement indicating where the form should be returned. ( C ) The statement: “IMPORTANT: FEDERAL LAW REQUIRES TIRE IDENTIFICATION NUMBERS MUST BE REGISTERED”. ( D ) In the top right corner, the phrase “OMB Control No. 2127-0050”. ( 4 ) ( i ) Name and address of the tire purchaser. ( ii ) Tire identification number. ( iii ) Name and address of the tire seller or other means by which the tire manufacturer can identify the tire seller. ( b ) Each tire manufacturer shall record and maintain, or have recorded and maintained for it by a designee, the information from registration forms which are submitted to it or its designee. No tire manufacturer shall use the information on the registration forms for any commercial purpose detrimental to tire distributors and dealers. Any tire manufacturer to which registration forms are mistakenly sent shall forward those registration forms to the proper tire manufacturer within 90 days of the receipt of the forms. ( c ) Each tire manufacturer shall maintain, or have maintained for it by a designee, a record of each tire distributor and dealer that purchases tires directly from the manufacturer and sells them to tire purchasers, the number of tires purchased by each such distributor or dealer, the number of tires for which reports have been received from each such distributor or dealer other than an independent distributor or dealer, the number of tires for which reports have been received from each such independent distributor or dealer, the total number of tires for which registration forms have been submitted to the manufacturer or its designee, and the total number of tires sold by the manufacturer. ( d ) The information that is specified in paragraph (a)(4) of this section and recorded on registration forms submitted to a tire manufacturer or its designee shall be maintained for a period of not less than five years from the date on which the information is recorded by the manufacturer or its designee. ( e ) Tire manufacturers may voluntarily provide means for tire registration via the Internet, by telephone or other electronic means. ( f ) Each tire manufacturer shall meet the requirements of paragraphs (b), (c) and (d) of this section with respect to tire registration information submitted to it or its designee by any means authorized by the manufacturer in addition to the use of registration forms. (Authority: Secs. 108, 119, and 201, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1407, and 1421); sec. 4, Pub. L. 97-311, 96 Stat. 1619 (15 U.S.C. 1418); and delegation of authority at 49 CFR 1.50)
[49 FR 4760, Feb. 8, 1984; 49 FR 5621, Feb. 14, 1984, as amended at 56 FR 49427, Sept. 30, 1991; 64 FR 36815, July 8, 1999; 67 FR 45872, July 10, 2002; 71 FR 39233, July 12, 2006; 73 FR 72368, Nov. 28, 2008]